Patna High Court
Bittu Sah @ Bitu SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to verification of antecedent and compliance with the stipulated conditions.
Summary
The petitioner sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 531 litres of liquor were recovered from a pickup vehicle he was driving, though he claimed no ownership or conscious possession and a clean antecedent. The State opposed the bail, arguing the seriousness of the offence. The Court, after hearing counsel, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his criminal antecedent by the trial court. The order stipulated that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The petitioner also undertook to deposit Rs.2,500 with the Advocate’s Association within two weeks.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s alleged involvement, lack of ownership, and clean antecedent justify granting bail.
- What conditions under Section 482(2) of the B.N.S.S. apply to provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- clean antecedent
- Section 30(a)
- Section 482(2)
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6022 of 2026
Arising Out of PS. Case No.-154 Year-2025 Thana- GAIGHAT District- Muzaffarpur
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Bittu Sah @ Bitu Sah S/o- Bilas Sah @ Bijali Sah R/v- Sonma Wasa, W.No-1,
Ps- Belaur, Dist- Khagaria,P/A- Gali No-5, Kapurthala Road, Opp. Side Aluu
Store, Tara Singh Avenue, Po Ps- Basti Bawa Khel Dist- Jalandar, Punjab
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 531 litres of liquor from a pickup vehicle. It is next
submitted that petitioner was not arrested from the spot, as such,
nothing was recovered from his conscious possession and is not
the owner of the seized vehicle and he came to be implicated
during the course of investigation alleging that it was petitioner
who was driving the vehicle. It is further submitted that it
Patna High Court CR. MISC. No.6022 of 2026(2) dt.03-02-2026
2/3
appears that the police during the course of investigation with a
view to save the real culprits falsely implicated the petitioner,
when petitioner admittedly is a person with clean antecedent.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Excise Court-III, Muzaffarpur in connection with Gaighat P.S.
Case No.154 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.6022 of 2026(2) dt.03-02-2026
3/3
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.2500/- with Advocate’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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